Cober v. State

DAVIDSON, Judge.

Appellant was charged with selling intoxicants on Sunday.

While the county attorney was addressing the jury he said, 'among other things: “Gentlemen of the jury, Joe Small says that this defendant" sold this whisky; Henry Lacy says that he sold this whisky, and Mr. Finley says that he instructed him to sell it and the defendant does not deny it.” The defendant did not take the stand as U witness, or testify in his own behalf. This argument or statement is a violation of the statute which prohibits an allusion to the failure of a defendant to testify. We have had occasion to…